Showing posts with label Shiv Sena. Show all posts
Showing posts with label Shiv Sena. Show all posts

Thursday, September 19, 2013

The Settlement Pattern in India - Need for a National Land Use Policy

Dr M N Buch, 
Dean, Centre for Governance and Political Studies, VIF

The settlement pattern in India is in a state of equilibrium and has remained so over a period of time. Equilibrium has different meanings in physics and chemistry. The Chambers Twenty-first Century Dictionary defines it “a state of balance”. It is from this angle, therefore, that the subject will be approached. The table below gives the total population of India,

 
Census Year Total Population Total Urban Population Proportion of Urban Population
1901 238,396,327 25,693,125 10.8
1931 278,977,238 33,138,184 11.9
1951 361,088,090 61,986,721 17.2
1991 846,421,039 215,771,612 25.5
2001 1,028,737,436 286,119,689 27.8
2011 1,210,569,573 377,106,125 31.2

Source: 1. General Population Table A-4 Part-II 2001 (India &States)
2. Primary Census Abstract – Data Highlights-India – Series 1-2011


As will be seen, between 1901 and 2011 the total population of India has increased more than five-fold whilst the urban population has increased by about 17 times. Despite this, as a proportion of the total population, the urban population has increased by only about three fold in these 110 years. Undoubtedly the growth of urban population as compared with the total population is higher than the growth of rural population in percentage terms, but a three-fold increase in the percentage of urban population is not by itself alarming and is certainly not indicative of a skewing of the settlement pattern in which rural settlements are decaying and that at their cost massive urbanisation is occurring in India. In fact, as per the census of India of 2011, the primary census abstract states that the percentage growth of urban population indicates a 3.4 percent growth as compared with the previous decade, which is certainly not indicative of any massive rural to urban migration.

In order to understand the urbanisation scene in India, a good point of reference is the report of the National Commission on Urbanisation which was presented to the Prime Minister on 12th August 1988, though an interim report had been submitted to the Government of India as early as January 1987. The National Commission on Urbnanisation was constituted in 1985 by the Government of India on account of what the preface to volume-1 of the report states in the following words, “Future historians may well decide that the crucial phenomenon of our times is the massive urbanisation that is engulfing the third world. Even in the span of the last two decades, towns and cities all over Asia, Africa and Latin America have been doubling and tripling in size. India, which has the second largest population in the world, is central to this phenomenon. It is indeed encouraging that for the first time the Government of India has appointed a National Commission to look into these issues”. The Commission noted that there was a significant difference between the pattern of urbanisation in India and that in Latin America and much of South East Asia. In 1981, the total number of urban settlements in India was 3301, whereas the rural settlements numbered approximately 5.5 lakhs. At the same time, no urban settlement could be defined as a primate city such as Bangkok or Mexico City because no single city dominated the whole country. Mexico City has almost one-fourth of the population of Mexico. In India, by contrast, as against the urban growth rate of 46.2 percent in 1981, the growth rate of the then existing twelve metropolitan cities was less than 30 percent during the decade 1971-1981. It is the medium size towns which showed the highest growth rate. Though the tables relating to the population break-up of urban India have yet to be released by the Registrar General for the 2011 census, the picture prevailing in 1981 has not significantly changed in 2011. The only real difference is that many of the cities which were just below the one million mark have reached the one million mark, from 12 to 18 in 1991, 35 in 2001 and 53 in 2011. This only reinforces the point that it is the medium towns which have shown a consistently high growth rate and have become metropolitan in the process.

The issue can be looked at from another angle. The census classification of urban settlements is metropolitan, class-I ranging from 1 lakh to 1 million, class-II ranging from 50,000 to 1 lakh, class-III from 20,000 to 50,000, class-IV from 10,000 to 20,000, class-V from 5,000 to 10,000 and class-VI from 3,000 to 5,000. The 53 metropolitan cities contain 19.24 percent of the total urban population of India. However, as a proportion of the entire population of India, the 53 metropolitan cities account for just 6 percent of the total population. Therefore, in the total settlement pattern of India the metropolitan cities still only represent a very small proportion. In this behalf there is not much change between what prevailed in 1981 and what we find today.

There is another factor which we must take into account when we look at the share of urban population in the total population. About 7.5 percent of the urban population lives in towns ranging from class-VI to class-IV, that is, from 3000 to 20,000 population which represents about 2.5 per cent of the total population. When we deduct this from the total urban population, which is necessary because most of these towns are either linked with agriculture directly or provide marketing and other services to an agricultural hinterland which makes them more rural in character than urban, then the picture alters further. If we take their population into account and deduct it from the total urban population because even today such towns are semi-rural or semi-urban, then even today the actual urban population is only about 28 percent of the total population . At the macro level, therefore, one could safely state that India’s population is well distributed in a hierarchy of settlements ranging from the smallest hamlet and village right up to mega metropolitan cities such as Delhi and Mumbai.

This picture is in sharp contrast with how things developed in China after the Revolution. China embarked on a deliberate policy of industrialisation, largely based on the secondary or manufacturing sector and by definition the Chinese model of development made industrialisation conterminous with urbanisation. A great deal of investment went into urbanisation, with people being actively encouraged to migrate from agriculture to manufacture and other urban activities. Today more than sixty percent of the people of China live in cities and towns. China also followed a deliberate policy of directing investment to provinces and autonomous regions which showed the maximum promise of industrialisation and it never had the equivalent of the Finance Commission that we have in India in which weightage is given to backward States and backward areas in the matter of allocation of non-plan central funds and sharing of revenues between the Centre and the States. Instead of promoting equity between different regions, through various programmes, China welcomed migration of people from very backward regions to the cities so that the balance tilted heavily towards urban centres.

The governing philosophy in India is and has always been totally different from that in China. The National Commission on Urbanisation did comment as under, ”Urbanisation involves two closely related factors. The first is the people—work relationship in rural areas, in which land is the essential medium—and which is right now so critically balanced that any addition to the population must inevitably push people out of agriculture into non agricultural occupations. The second is the fact that only urban settlements can offer substantial non agricultural employment and absorb the migrants who are moving out of an agricultural economy”. In this context, the National Commission on Urbanisation, in setting out its philosophy, stated, “It is from this perspective that the Commission has examined the crucial issues and conceptualised the strategic thrusts needed for the next few decades --- without, in any way, questioning or preempting the development and reform which must be carried out with the greatest urgency within rural India itself ”. Thus as early as 1985-88, the very Commission set up to study urbanisation and suggest a long term national policy in this behalf was acutely aware of the fact that rural India itself needs to be strengthened so that there is a continuity and continuum between rural and urban India to the mutual advantage of both. The Commission did suggest urbanisation as a means of siphoning off surplus rural population, but never as a means of actively encouraging migration from rural to urban areas, thus emptying rural India. The urbanisation policy, therefore, has to work in tandem with our policies of rural development. In other words, there is a definite appreciation of the fact that our settlements have a certain equilibrium which must be strengthened and not disturbed.

Why rural India is still so important in our settlement picture? In many of the countries where either primate cities have developed or where there is a deliberate move towards urbanisation one would find that what lies behind between rural to urban migration is an iniquitous system of land tenure and holdings. In Mexico, for example, the ordinary peasant, or peon, held land entirely at the pleasure of the feudal lord of the hacienda and was no better than a serf in medieval England or Tsarist Russia. He, therefore, did not have a visceral relationship with the land that he tilled and, therefore, was quite happy to migrate to a town which offered him a better life. In China, peasant proprietorship as enshrined in the ryotwari system did not exist and the peasant was entirely at the mercy of the landlord or, in Russian terminology, the Kulak. That is why when the Revolution occurred in China it was the land lord who was persecuted to the point of death, just as the Kulak as a class was liquidated in the Soviet Union. Except for the Bengal Presidency where Cornwallis, through the Permanent Settlement, introduced an iniquitous Zamindari system, the rest of India practised ryotwari or where there was Malguzari, or Jagirdari, the tenant was still protected by law. This was further reinforced in the early 1950s of the last century when Jagirdari, Zamindari, Malguzari, etc., were abolished and the tiller of the soil became its owner. I am not trying to read into the situation a spiritual relationship of the farmer with the land, but the fact of ownership did create a vested interest in which the farmer would like to hang on to the land and use it to earn a living. That is why the approximately 5.5 lakh villages in India form such a powerful constituency that at policy level government is bound to promote what the National Commission on Urbanisation refers to as “development and reform within rural India”.

Equilibrium, therefore, comes from the factum of rural India being the most populous entity in India, which had stagnated in the past, but which has now attracted policy attention at the highest level. The continuum is promoted because clusters of villagers need market centres where the produce can be traded and these market centres, in turn, become the service centres which provide services to agriculture and to other activities in rural India. Where the marketable surplus is huge as in the Punjab, the market centres, or mandis, developed into multi activity urban centres which have a defined hinterland and where there is mutual interaction to the benefit of both mandi town and the villages it serves. Between mandi town and the next order of towns ranging from a population of about 50,000 up to just short of a million, there is a definite link on account of agro based industry, banking and other services, education and health facilities and administrative infrastructure. The relationship of the district headquarters, tehsil and block headquarters, the market villages and the village settlement is visible, pronounced and very much alive. A good example of this is the National Capital Region which includes Delhi and towns and villages in an area of approximately 38,000 square kilometres, covering the States of Haryana, Uttar Pradesh and Rajasthan, besides the Union Territory of Delhi. The NCR was envisaged as a kind of protective envelope for Delhi which would, by ensuring the growth of a number of small and medium level towns, safeguard Delhi from excessive growth. What is forgotten is that the region itself is agriculturally prosperous and contains a large number of small and medium towns which has a viability of their own. Sonepat, Hapur, Alwar and Meerut would have survived even without NCR because they each have a hinterland which they service and with which they interact. The money spent on developing NCR could probably have been better spent in developing towns in those areas where there is economic backwardness and from where substantial migration takes place to large cities such as Delhi. Whereas the rural hinterland of the NCR is still vibrant, the NCR plan has actually resulted in on the one hand increasing the density of Delhi and on the other strengthening the gravitational pull of Delhi so that it has drawn cities such as Gurgaon and NOIDA into the mass of Delhi. This defeats the very purpose of the NCR plan. Despite this, the 38,000 square kilometres of the National Capital Region still shows traces of the basic equilibrium of settlements in India.

In the dynamic situation in which India finds itself there are number of forces and counter forces which are operating simultaneously and which are impacting the settlement pattern. The National Rural Employment Guarantee Scheme (NREGS) under the Mahatma Gandhi National Rural Employment Guarantee Act has been designed to give a hundred days employment per year to anyone in the rural areas seeking employment. Almost a lakh crore rupees per annum are being spent on this programme. I do not want to enter into the flaws of the programme, which are manifold, but it has had one major effect in States such as Bihar from where there was migration of labour in search of employment to States such as the Punjab, which are starved of agricultural labour. By providing some semblance of employment in the villages, NREGS has sharply impacted the migration pattern and today rich farmers in States such as the Punjab have to go to rural Bihar in order to cajole the landless and the marginal farmers to come and work as farm hands. This has certainly pushed up wages. Even in Madhya Pradesh, in the more prosperous agricultural districts farm labour is difficult to find. It is too early to make any study of the overall impact on NREGS and its long term implications, but if the programme is restructured to create permanent assets in the villages, such as minor irrigation works, soil conservation and water conservation works, water harvesting, etc., it will certainly reduce rural-urban migration. In fact, in districts such as Jhabua, Dhar, Mandla, etc., which are tribal and from where annual seasonal migration is the normal feature, aggressive watershed development management programmes have increased fuel and fodder availability, raised the water table in wells, substantially increased irrigation at micro level and reduced seasonal migration. The ridge to valley treatment of hill features, vegetation and water conservation methods have all been beneficial to the environment. This has kindled hope in the villages, which show a degree of vibrancy which was hitherto missing.

There are two other schemes which have also had a beneficial effect in retaining the importance of rural India in our settlement hierarchy. The first is the Pradhan Mantri Gramin Sadak Yojana which has dramatically improved road connectivity in rural India. The second is the rural electrification programme carried out in States such as Gujarat and Madhya Pradesh, where separation of the agricultural feeder from the normal feeder has ensured quality power for the prescribed number of hours for lift irrigation and other agricultural purposes, while guaranteeing twenty-four hours normal power supply to every village, but for which there are metered charges. The availability of twenty-four hours power supply does not merely improve the agricultural picture. In many States guaranteed power availability has encouraged small scale industry to locate in villages. One example of this is Bhavnagar District in Gujarat where, in about 180 villages, households have installed diamond cutting lathes and other equipment, thus collectively making Bhavnagar District the biggest diamond cutting centre in the world. The activity is industrial, but carried out by agriculturists and the settlement picture remains undisturbed because the village is viable and people live there. Here is an example of small scale industrialisation not automatically leading to urbanisation, but nevertheless providing nonagricultural jobs to villagers.

There is another factor which is having a definite impart on the settlement pattern and that is education. Unfortunately the village is too small an entity to host institutions of higher learning unless, of course, it be fortunate like Pilani to attract the Birlas to set up the Birla Institute of Technology and Science, an institution on par with an Indian Institute of Technology. Even here some change is visible, for example, the location of the Jaypee Institute of Technology in Raghogarh in Guna District of Madhya Pradesh. Raghogarh is a very small town in Guna District but the Jaypee Group preferred to locate in this place. But by and large children who want to go in for higher education have unfortunately to leave the village for a town where a good college is located. Very often these children do not return to their parent’s occupation of agriculture and they are the ones who permanently migrate to cities. This is a phenomenon which we can neither stop nor should stop. Whereas NREGS may as a stopgap measure check distress migration to the cities, it cannot stop the movement of the educated young to urban areas.

The next question which arises is what should be the destination of migration. The first time educated would be still be at the stage where after a basic degree they would like a job. It is unlikely that their interest would lie in research, academics or fine arts. This is where the hierarchy of settlements and the equilibrium have an important part to play. Because India does not have primate cities there is no single city which dominates, but the mega metropolitan cities do have some characteristics of a primate city, that is, they do not have a definite hinterland. The National Capital Region is not the defined hinterland of Delhi where, for example, about half a million people working in the garment trade have migrated from Eastern Uttar Pradesh. Are Azamgarh, Balia and Ghazipur the hinterland of Delhi? Obviously not, but yet they contribute labour to Delhi. Hapur does not. Similarly, if the city of Mumbai were to be set physically adrift from the mainland, it could survive like the island city of Singapore in which the world would be its hinterland. In fact, the entire Shiv Sena movement gains strength from the fact that Mumbai does not have a hinterland and the Shiv Sena, in a bid to protect the Maharashtrian roots of the city, resents this fact and wants Maharashtra to be the hinterland of the city and the others to be kept out. And yet these huge metropolitan cities are very much a part of the entire settlement picture, representing as they do just six percent of the population of India. But it is the other ninety-four percent who are also accommodated in the settlement pattern and unless there is equilibrium they will virtually become the exploited and the mega metropolitan cities will be the predators and the exploiters. This is a very important factor in determining our settlement policy for the future which, by implication, means the entire economic policy and the employment policy.

By itself rural India has the capacity to be self sufficient, provided the following things are done:- (1) Substantially upgrading the existing irrigation infrastructure and then adopting means of massively increasing irrigation through a hierarchy of projects ranging from the village pond, dug well, tube well, micro and minor irrigation works and all the way up to mega projects like dams on the Narmada. (2) Stabilising power supply and ensuring twenty-four hours power supply to villages, but on a full tariff basis so that there are adequate returns on the power supply. (3) A massive input into improving school education, vocational education and technical education, together with encouragement to rural students to enroll in colleges specialising in Humanities, Social Sciences and the Liberal Arts. (4) Improving the network of rural communications, development of market villages and towns, strengthening of mandis, location of industry which adds value to agricultural produce in the mandi towns. (5) Strengthening the rural credit system so that the service town and farmers in its command both mutually benefit.

There are some factors which are likely to bring about a change in the settlement equilibrium. India is beginning to realise that if it is to maintain and strengthen its strategic global economic strength, then its manufacturing sector has to evolve, develop and grow to an extent where it can compete with the European Union and with countries such as China. One step in this direction is the conceptualisation of the Delhi-Mumbai Industrial Corridor , which largely impacts the States of Haryana, Rajasthan, Gujarat, Maharashtra and Uttar Pradesh, as also the Union Territories of Delhi, Dadra and Nagar Haveli, Diu Daman and very marginally the States of Madhya Pradesh and Uttarakhand. The total area under the influence of the project is estimated to be 4, 36,486 square kilometres. The project is located along a 1,483 kilometres long dedicated rail freight corridor (DFC) largely from north to south on the western side of India, with an area of influence of about 150 kilometres on both sides of the DFC. As the concept paper states, “High impact market driven nodes are proposed to be identified along the corridor to provide transparent and investment friendly policy and facility regimes under which integrated investment regions and investment areas would be set up. These regions are proposed to be self sustained industrial townships with world class infrastructure, road and rail connectivity for freight movement to and from ports and logistics hubs, served by domestic and international air connectivity, reliable power, quality social infrastructure and provide a globally competitive environment conducive for setting up businesses”. This is the concept, but in reality what is likely to happen is an unregulated ribbon development along improved roads and railway tracks in which in the growth nodes land would be provided, which would be built upon, though not necessarily in a planned manner. In almost every new industrial township whereas the infrastructure for the industry may be of a reasonable standard, generally township development for people other than those working in the industries is highly unsatisfactory and what we have is a massive proliferation of Soweto type slums, or the Favelas of Rio de Janeiro. What could happen, however, is that these new nodes or townships could eat into cultivable village land, finish agriculture and seriously disturb the settlement equilibrium, at least within the region in which such development takes place.
In other words, there is no guarantee that the present settlement equilibrium will not be seriously disturbed in the near future, especially because we as a nation seem to be totally incapable of taking a holistic view of anything and then preparing a complete plan. I have already given five small suggestions on how rural India can be self sufficient and, therefore, sustainable. A rural settlement is generally in consonance with the environment because the scale of the settlement is not sufficiently large to cause widespread environmental damage. Urban settlements, on the other hand, are not only large enough in scale to enable man to seriously change the environment through human intervention, largely hostile intervention and because an urban settlement converts land from cyclical and seasonable agricultural use to a one time urban use in which brick and cement replace the tilled soil, the impact cannot be reversed. In terms of service requirements, in dense urban settlements, the requirement is of complex composite services, whereas in a rural settlement these services can be household based and they are not very extractive in terms of a call on natural resources. When the settlement equilibrium is disturbed the problem of servicing the city becomes so difficult that ultimately every city in India becomes a disaster zone. This does not mean that we cannot industriliase or urbanise in a manner which takes note of the environment and protects it, but it does mean that going by our experience we just do not plan or manage in this manner.

In fact, if at the macro level there is still a basic equilibrium of settlements, at the regional and at the mili level and at the intra city micro level, there is a very serious imbalance. So much so that in practically every major city in India we have a parallel existence of two cities. The first is a planned city for which there is a development plan or master plan. That probably covers about thirty per cent of the city. There is a parallel unplanned city of the unauthorised construction, the slums, the unserviced segments, which lie outside the ken of the planning process and where the people have helped themselves to land because the State has failed to provide. When interventions take place in such a situation they are bound to be ad hoc and almost totally politics driven. The prime example of this is the unauthorised colonies of Delhi which, at every election, are regularised, no development takes place and five years later they are regularised again. However much the National Commission on Urbanisation may talk about settlement equilibrium, the fact remains that this equilibrium is seriously endangered in our large cities and this has denied the people equity. A society which lacks equity cannot be said to be balanced and, therefore, more than equilibrium in spatial distribution we need equity in city planning and city administration.

One naturally likes to end on an optimistic note. The National Commission on Urbanisation was able to identify twenty-four urban corridors or spatial urban regions, further divided into forty-nine Spatial Priority Urbanisation Regions (SPUR) which are well distributed throughout India. The Commission also identified 329 cities and towns, generally in the small and medium category, which have a potential for growth and have been designated as Generators of Economic Momentum (GEM). These are evenly distributed throughout the country, they are located in one or another SPUR and if planned investment is done they would be able to grow in tandem with the rural hinterland which they serve. In other words, the Commission has given a blueprint for urban growth which supports and enhances the basic equilibrium of the settlement pattern. Perhaps the Jawaharlal Nehru National Urban Renewal Mission (JNNURM) is partly a result of the concerns expressed by the National Commission on Urbanisation, but whereas the programme aims at enhancing the infrastructure of the existing towns, it does not go far enough in encouraging urbanisation in the manner suggested by the Commission.


Ultimately all activities take place on land and, therefore, anything which disturbs the land use pattern automatically disturbs the settlement balance. Sad to say India does not have a national, a State or a meaningful city land use plan. For example, in India six percent of its land is arable, thirty percent either under forest or is fit for afforestation and about ten percent is uncultivable waste. A sensible land use policy would try retain this balance and design land use in a way that there is minimum disturbance of agricultural land and land which either is or potentially can be under forest. By accident Gujarat has moved towards a sensible land use policy in that much of the industry is now being attracted by districts such as Kutch where land does not have an opportunity cost because it is unsuitable for alternative purposes and, therefore, its conversion to industrial or urban use has the minimum impact on the environment. This is in sharp contrast with what happened in the past in which great chunks of fertile land in central and south Gujarat was given over to industry. Once we have a land use policy in place, maintenance of the settlement equilibrium would become much easier.

Wednesday, November 21, 2012

Grandma’s Remedies for Governance Issues

Dr M N Buch 
(Visiting Fellow, VIF)

I was a stripling short of twenty-three years when I joined as Assistant Collector at Morena after completing my training at the IAS Training School at Metcalfe House. Morena can be frightfully hot in the summer and my training required almost constant exposure to the sun. I developed a bad attack of prickly heat, which turned into an infection which spread through the hair roots and caused me to burst out in painful rashes. I was referred to the Medical College, Gwalior, where I was diagnosed as having a fungal infection for which the doctors prescribed medicines and subjected me to a course of superficial X-ray therapy. This only aggravated my problem, caused my hair to drop out and my skin to become brittle. So much for modern medicine.

One week end I came to Delhi to visit my mother, who saw my condition and advised me to meet an old family friend, a somewhat irascible colonel who had retired from the Indian Medical Service. Col. Kataria was an old fashioned doctor, a wonderful clinician who first diagnosed a disease and only then gave medicine. He had one look at me and wanted to know what I had done to myself. When I told him about the course of treatment I had undergone he shouted that the doctors who treated me were butchers, I did not have any fungal infection but had a relatively simple infection called seborrhoeic dermatitis, which is simply an aggravated form of prickly heat which affects the sebaceous glands. He gave me a cetrimide based shampoo, a lotion consisting of castor oil and lavender oil and an ointment which had both menthol and salicylic acid, which is the main ingredient of aspirin and told me to use these for one week. By the third day the infection began to recede and within one week I was fully cured. The sequence to this was in my next Sub division, Kannod. In the wild and woolly Bagli Tehsil of the Subdivision we had a doctor in charge of the primary health centre, called Dr. Joseph, who hailed from Kerala. When I told him my story he said that if I wanted to avoid any skin infection in the future I should prepare a decoction by boiling a handful of neem leaves, add a mug full to a bucket of water and bathe with it. I followed his advice and, touch wood, have never had a skin problem. I bless Dr. Kataria and Dr. Joseph for curing me with remedies which were virtually herbal. Unfortunately they could not restore the hair I had lost, thanks to the doctors at Gwalior.

One can wonder why I am telling stories about myself and referring to grandma’s recipes in an article aimed at addressing the extremely important issue of governance. Well, sometimes parables and fables convey a far more serious message than scholarly studies and long orations based on theories of politics and the philosophy of government. In other words, in the field of government there is room for grandma’s remedies, or tried and tested methods of administration. This paper attempts to explore these old, reliable systems to see whether we can find solutions for the myriad problems of governance we are facing.

It is the objective of every government to govern, that is, to control and direct the affairs of the country and for this purpose to deliver to the people that which would promote their welfare. Even the worst of dictators has not disagreed with this definition of government because I have yet to come across a dictator who states that he does not desire the welfare of the people. The difference between good government and bad government is a differential view of what constitutes welfare, but on paper at least the objective is to make the country strong, to give people pride, to make people prosperous. When Hitler destroyed the Weimar Republic this is precisely the agenda he placed before the German people and won their confidence adequately to win an election and come to power. What followed is perhaps the most unimaginable of horror stories in the history of the world, but the stated objective still remained the good of the people.

Let us return to India and see the situation here. I refer to the period from when the British took control of this country right up to the present day, when we became an independent, democratic republic. British rule (I refer here to the post 1857 direct rule of the British Government) was based on an understanding that India was a society of laws. British rule was designed to perpetuate, imperial power in India, but the manner of governance was law based and not arbitrary. Therefore, even during the independence movement the British were responsible for maintaining the empire, but always through laws, the enforcement of which also was according to law. Unlike the Gestapo and the Kampetai the police did not have the power of arbitrary arrest and arbitrary sentencing. The police could not hold anyone in custody for more than twenty-four hours without producing him before a Magistrate and the power for dispensing justice lay with Magistrates, Judges and the High Courts and Federal Court, which were not subordinate to the Executive from the sessions court level upwards. The Magistracy and the Police had the same powers then as they have today under the Police Act and the Code of Criminal Procedure in the maintenance of public order and the prevention of offences. The Thanedar and Tehsildar of British days virtually operated under the same laws as we do today, but they were much more effective in ensuring that society remained orderly and crime was controlled and prosecuted. In the matter of law and order every public servant knew where his duty lay and public disorder was dealt with sternly. No officer looked over his shoulder to find out what was expected of him by his official and political masters. If there was a situation to be dealt with the officer on the spot attended to this in the full confidence that he would be supported for his actions. This spilled over into the first twenty years of independence also.

Let me give a few examples. Ambah Tehsil of Morena District had a Tehsildar, P.N. Vats, an outstanding officer by any reckoning. Ambah was one of the worst dacoity affected Tehsils in the whole of India, with many of the gangs being created by issues relating to land disputes. Vats expedited hearing of revenue cases, he was a virtual scourge for his Patwaris if they failed their duty to maintain land records properly and he was extremely pro active in dealing with any case in which land was a bone of contention. He not only brought down pendency of litigation; his activist role actually brought peace to the Tehsil and drastically reduced the incidence of dacoity. He did not wait for orders from his Collector and he certainly did not heed or tolerate any undue political interference in his work. What he wanted was to be effective as an officer and provide good government to Ambah.

The second case is of Inspector Bitta Singh, who was Circle Inspector at Sheopur, then a sub-division of Morena. An extremely ugly dispute broke out over a temple and a mosque and the Hindu Mahasabha was up in arms against the Muslims. The situation was extremely volatile and could have resulted in a major communal riot, which would have spread to the entire region. This outstanding police officer, without waiting for orders from anyone, immediately intervened, arrested those who were trying to foment trouble, launched aggressive patrolling by the police and created an environment in which wrongdoers trembled, peace was maintained and there was no communal riot. The District Magistrate and the Superintendent of Police also played their role by fully supporting the man on the spot, with the administration at sub-division level achieving something which today several battalions of armed police are unable to do.

The third case is of Sub Inspector Maluk Singh, who was the Station Officer of the police station at Nagda. Nagda has a large industrial establishment based on GRASIM. There was trade union militancy which, unfortunately, was fragmented. Suddenly trouble flared up and before the district administration could be fully aware of what was going on the situation became really incendiary in Nagda. Maluk Singh did not have a large force available to him but he suddenly grew ten feet tall and by legal action, threat, persuasion and every other means which lay within law he was able to bring warring factions together, put the fear of God into them, force the management and workers to sit together for a negotiated settlement and he achieved within two days what today massive government intervention cannot do. Peace was maintained at Nagda because of the initiative of this fine young police officer. I am mentioning these three cases because I am witness to what happened both in Morena and in Ujjain, in the former as Assistant Collector under training and in the latter as Collector and District Magistrate. If the man on the spot is trusted and is empowered to act there is no situation in India which cannot be tackled.

There being continuity between the Government of India Act 1935 and the Constitution of India, the only real change which has come about between how the British governed us and how we govern ourselves is that under Government of India Act we were a limited democracy whereas under the Indian Constitution we are a fully democratic republic. In a democracy it is not the bureaucracy which rules but rather the elected representatives of the people who, as members of the Council of Ministers, take the policy decisions relating to government. Nevertheless we continue the old system where the Head of State exercises executive power through officers subordinate to him, the said powers being exercised on the aid and advice of the Council of Ministers. This, however, does not in any way change the old position about India being a country of laws, in which the laws are framed by the legislators but are implemented, within the policy approved by the Council of Ministers, by officers appointed by the President or the Governor as the case may be. The law vests certain powers in officers and these officers are required to exercise their powers freely, fairly, without interference and in accordance with the law. For example, Chapter X of Cr.P.C authorises an Executive Magistrate or a police officer to command an unlawful assembly to disperse and on its failure to do so, to take such necessary action to disperse it as may be called for, including the use of force, even lethal force. The Code of Criminal Procedure does not say that in exercising this power the Executive Magistrate or the police officer will seek the permission of a politician, a superior officer, or any other authority. He has the power, he is required to maintain order; he must ensure that there is public peace and, therefore, he is both free and duty bound to take all necessary action to maintain order.

How does the system actually work? In Bombay the Shiv Sena decides what is lawful and what is unlawful and the police station stands by as a spectator. Every riot is an offence and every mob which indulges in rioting is an unlawful assembly. When communal violence occurs why do police officers not take action as they are authorised to do by the Code of Criminal Procedure? It is not for want of legal authority but rather because the exercise of legal authority is now almost out of fashion. Every police officer, every magistrate knows that if he does take action he will not necessarily be supported, the press will probably come out with a biased view and political pressure will result in action against the officer rather than support for him. Therefore, Magistrates and police officer just do not act because in India acts of omission are still not really punished. It is now very rare to find a Bitta Singh or a Maluk Singh. Instead one finds officers of the type who now man the Maharashtra Police and allow Shiv Sainiks to disrupt the peace, but will not do their duty to prevent this in the interest of the citizen at large.

Law and order is only one aspect of government and at the top end of the administrative pyramid we have the Council of Ministers and the Secretaries to Government who are required to take decisions within the overall umbrella of the Rules of Business of the Executive Government. In Madhya Pradesh, for example, there are the Business Allocation Rules which allocate business between different departments and then there are the Rules of Business of the Executive Government whereby the Governor ordains how the business of government will be conducted. For example, in Madhya Pradesh, there are three categories of cases, those cases which are to be brought before the Council of Ministers, those cases in which before final orders are issued by a department the matter will be submitted in coordination to the Chief Minister and those cases which a department is competent to finally dispose of. Under Part V of the Rules of Business there is a procedure laid down whereby a Secretary or a Minister may dispose of a case. A Secretary is permitted to dispose of every case which is of a routine nature, or on which the question of policy has already been settled, as also of matters which the Chief Minister or the Minister in charge direct the Secretary to finally decide. In other words, in a matter in which there is no issue of policy of issue involved the Secretaries are fully empowered to dispose of the case. Unfortunately no Secretary now exercises this power and instead even minor, routine matters are put up before the Minister. Administratively, therefore, there is a form of paralysis in the higher echelons. As was amply proved in the 2G Spectrum allocation case and as is provided by Rule 48 of the Rules of Business of Madhya Pradesh, the Secretary of the Department is personally responsible for careful observance of the rules. This means that if there is a material departure from rules by anyone, including the Minister, the Secretary to Government is responsible to ensure that the matter is brought to the notice of the Minister concerned and, where necessary, to submit the case in coordination so that the Prime Minister or Chief Minister may be made aware of the deviation and give necessary instructions on the final disposal of the case. The question is, how many Secretaries do actually dispose of cases finally and how many Secretaries have the guts to put up a case in Coordination because the Minister and Secretary do not agree on how other matter should be decided.

There is corruption. Corruption is a criminal offence and under the Code of Criminal Procedure criminal offences shall be investigated by the police. Under section 154 the citizen is required to report the alleged commission of an offence to the police, which is required to treat this as the First Information about the crime and to record it in the specially prescribed FIR book. Once the FIR is recorded then under section 156 Cr.P.C. the officer in charge of a police station is bound to investigate the case and to do this he neither needs permission nor is authorised to abjure investigation. The wordings of section 154 and other provisions of Chapter XII are very clear. The police officer is bound to record a FIR , he is bound to investigate an offence, his investigation cannot be interfered by any authority, he must submit a challan to the court if there is a prima facie case and if no prima facie case is made out he is bound to report the matter to the court and obtain permission to close the case. For this he does not need anyone’s permission, nor can anyone either force him to investigate or refrain from investigating fully or in part. Here is the ultimate grandma’s remedy, contained in the Police Act which dates back to 1861 and the Code of Criminal Procedure which is only a modification of the Code of 1898. The power of the police to investigate is the same in 2012 as it was in 1898. Why, then, do we keep receiving complaints that the police does not act?

The most notorious police force in India is the CBI, which legally has no existence and whose legal avatar is the Delhi Special Police Establishment (DSPE). This force is notorious for acting with political bias, for holding preliminary enquiries prior to registration of the FIR and for acting in fits and starts in eminent cases according to what the political masters dictate. But this is not the scheme of policing in India and, therefore, what we need is not new Police Acts or new police arrangements but rather a reminder to the police that the existing law is complete in itself. It fully empowers the police and the police should not act as handmaidens of individual politicians but rather go back to the old practice of policing according to law.

In every aspect of governance the right way is already prescribed and we do not need new laws in this behalf. For example, tender procedures are fully prescribed in existing PWD manuals. Despite this officers quite often bypass tender procedures, either under pressure of money or the pressure of politics and this has always resulted in cost overruns, poor quality work, non adherence to schedule and generally unsatisfactory execution of the sanctioned work. Why do we need new laws here? What we need is a firm decision both by government and the officers concerned that they will not deviate from established norms, or established rules. For example, The Directorate of Town and Country Planning will not change land use except by due process, for good reason and within the overall scheme of the Development Plan of the city. This does not call for new rules, it calls for the personal integrity and morality of the officer concerned who deals with a situation according to rules and laws and does not succumb to any blandishment or threat or pressure from his superiors. Is that too much to expect?

I am not suggesting that radical surgery or fourth generation drugs should never be resorted to. But if an old fashioned carminative mixture relieves a stomach ache, why should there by resort to expensive antibiotics? Why go to anti allergens and cortico-steroids to deal with an insect bite when in the garden itself there are plants a poultice of which will be enough to deal with the toxic effect of that bite. If by educating officers on what their legal powers are and then encouraging them to take suitable action we can provide good government to this country, why do we need Kejriwal and Prashant Bhushan’s remedies? I would only end by saying that what we need in this country is that officials at every level begin to be aware of their legal powers, the mandate given to them by government and the expectations of the people regarding what government will deliver. We need to empower our officials by assuring them that if they operate within what they are authorised to do, they will be fully supported, if they do not do their duty they will be punished and if they take decisions at the behest of others they will be removed from service. Once this happens and the bureaucracy begins to function effectively all the old remedies of grandmother will flood back and the administration will return to a level of efficiency which it enjoyed in the past. It is then and then alone that we should assess what reforms are needed to carry government to the next level of administrative elevation and for this purpose reform the present structure of government and the network of laws.

Friday, September 7, 2012

Maintenance of Public Order


Dr. M.N. Buch
Visiting Fellow, VIF

It is the fundamental duty of the State to maintain public order. The definition of public order is given in section 31 of the Police Act of 1861 and requires that order will be maintained on public roads and in public places, obstruction will not be caused by assemblies and processions and, when this is read with section 34 which make it an offence for any person to cause obstruction, inconvenience, annoyance, risk, danger or damage and section 23, which makes it incumbent upon the police to maintain the public peace and prevent the commission of offence and of public nuisance, it is clear that public order really means that the actions of a group of individuals should not impinge on the rights and convenience of any other group. An assembly of persons who use criminal force in order to cause a public servant to desist from his duty, resist the execution of any law or legal process, commit mischief or criminal trespass, deprive any other person of his property, enjoyment of a right of way or peaceful enjoyment of rights by use of criminal force, or use criminal force to compel a person to do an illegal act automatically becomes an unlawful assembly under section 141 of the IPC if it consists of five or more persons. For the purpose of maintenance of public order and tranquility an Executive Magistrate or a police officer is empowered under Chapter X Cr,P.C. to cause the assembly to disperse, if need be by use of civil force or with the help of the armed forces. Every act of disturbance of public order is a cognisable offence, to prevent which a police officer may arrest the accused under section 151 Cr.P.C. Under Chapter VIII Cr.P.C. such persons can be bound over for keeping the peace, be of good behaviour and generally behave in a lawful and orderly manner. The duty of the Executive Magistracy and the Police to maintain public order is thus clearly laid down by law.

Apart from arrest, binding over a person for good behaviour or using force to disperse an unlawful assembly, the Executive Magistracy and the Police have the legal authority to regulate assemblies, public meetings and processions. Whereas under Article 19 of the Constitution the right to assemble peacefully is guaranteed, reasonable restrictions by law on such assembly is permissible under the same Article. After all, the enjoyment of one’s fundamental rights is limited by the requirement that this should not impinge on the fundamental rights of other citizens. If, therefore, there is an assembly of people or a procession which obstructs the public way, prevents citizens from going about their lawful work or endangers the public peace, the authorities are duty bound to step in and prevent any disruption of public order. The authorities are not only empowered in this behalf by law, they are duty bound by law to ensure that every assembly of persons works directly within the confines of what the law permits. If the Executive Magistracy or the Police lays down certain conditions or prescribes the minimum requirement of what an assembly of persons can or cannot do, then disobedience of such lawful order is an offence. Apart from the provisions of the Police Act disobedience of an order promulgated by a public servant lawfully empowered to promulgate such order is an offence under section 188 IPC. If the defiance of such order leads to serious offences such as rioting, then it can invite the provisions of sections 147 and 148 IPC. If public servants are assaulted in the process this will be a more serious offence under section 152 IPC, which would carry a penalty of up to three years rigorous imprisonment. If arson is caused, property is damaged, citizens are assaulted and grievous hurt and death is caused to any persons or persons then the provisions of sections 302, 304, 324, 325, 436,438, etc. would all be attracted. The scheme of the law is that citizens will maintain public order, will be liable to punishment if they cause disorder, damage, hurt or death that the authorities charged with the maintenance of public order will take necessary steps and issue necessary orders to maintain public peace and, where necessary, use force to bring offenders to book, disperse unlawful assemblies and restore public peace.

The British administration was quite clear about the duty of the authorities to maintain peace. The rebellion of 1857, during which atrocities were committed on both sides and after which terrible retribution was exacted by the victorious British, left an administrative legacy in which the obedience by Indians of every order of a government official was demanded and every act of disobedience was looked upon as mutinous behaviour. The Rowlatt Act and what happened in Amritsar in 1919, leading to the Jallianwala Bagh massacre were all part of the post mutiny syndrome from which the British suffered. Undoubtedly the Civil Disobedience Movement of Mahatma Gandhi, followed by the Quit India Movement, severely questioned this doctrine and created a situation where on the part of the British there was insistence on obedience and on the part of the Indians there was an equal determination not to obey the orders of the British rulers. The fact that ultimately the British had to moderate their response to the Civil Disobedience Movement is the ultimate tribute to the Mahatma‘s call for the movement to be totally nonviolent and based on the principle of ahimsa.

I joined the IAS in 1957, that is, just ten years after independence. The post 1947 doctrine of public order had undergone substantial change during the Independence Movement, but we were still told in the IAS Training School at Metcalfe House that whereas one should impose a prohibitory order under section 144 Cr.P.C. only in extreme circumstances, once such an order was promulgated it had to be obeyed and enforcement had to be rigidly done, if necessary by the use of lethal force. It was drilled into us that the State would collapse if we allowed prohibitory orders to be disobeyed because that would bring the entire administration into disrepute. Firing in the air was totally prohibited because stray bullets could hit innocents and partly because such firing is ineffective and could encourage the mob to indulge in greater violence. Now one finds that the Police is reluctant to fire at specified targets, firing in the air is resorted to frequently and this does cause unwanted casualties because some innocent is hit at a distance from the scene of the incident.

With independence the political process was strengthened and parties with different ideologies came to power in different States. For example, in West Bengal the Left Front came to power, whose specific aim was to establish the hegemony of peasants and workers. Thus, despite the fact that wrongful restraint and wrongful confinement are offences under the Indian Penal Code, gherao of business and industrial establishments by workers, prevention of free movement by the management and even intimidation of the management became quite normal, with the police being give orders not to intervene despite the fact that a crime being committed. This brought another dimension to the question of law and order. Public agitations against shortages of essential commodities, inadequacy of municipal services, in support of demands of students, etc., brought the people on the streets and such assemblies could not be treated in the same manner as unlawful assemblies of hooligans or agitators bent on mischief. Now a new dimension of public assembly and public order had to be faced by the Executive Magistracy and Police.

As the years passed religious processions and events have proliferated in India and whereas in the past religious processions were strictly regulated, as time passed and political support began to be given to such processions, the Magistracy and the Police also became inert in regulating such processions and events. Now any wretched marriage procession also results in obstruction of public streets and the Police stand by as helpless spectators. When political processions and agitations take place, as they frequently do in our cities, the Police seem to be almost totally helpless and have virtually given up any attempt to regulate such assemblies. At almost every political meeting, especially of radical groups, the scene degenerates into a near riot situation in which passers by are threatened and intimidated, shops are forced to close, public transport is attacked and quite often the Police and peaceful citizens are physically assaulted. Unregulated public meetings, therefore, are often an invitation to rioting.

Let us take the case of two cities, Delhi, the capital of India and Mumbai, the capital of Maharashtra. I have a quarrel with the name of Mumbai for a city whose authentic name really is Bombay. Where the present city is located there was no habitation, with such habitation as there was being located to the north at Vasai, which the Portuguese, who owned the territory, had named Bassein. The Bay around which the present city of Bombay is located was Bom Bahia, or Beautiful Bay. When the Portuguese Princess Catherine of Braganza married King Charles II of Britain she brought as part of her dowry Bom Bahia, which the British promptly renamed as Bombay. It is said by the Shiv Sena that the name Mumbai has come from the Goddess Mumba Devi. This temple itself was established long after the first British settlement of Bombay and, therefore, can hardly form the base of the name Mumbai for the city. My view is that either the city should continue to be called Bombay or it should be renamed as Vasai, the original settlement in the region. I have elaborated this issue because the Shiv Sena is prone to extreme violence on the question of this name. The name of the city is really a non-issue because in Gujarati and Marathi it is always called Mumbai and for the Hindi speaking people it has always been Bambai. The fact remains that if a name can arouse passions, including street violence, we should really be worried about the health of our polity.

To return to the main issue, because Delhi is the national capital and the police is not under the control of the elected government of the National Capital Territory, but is under the superintendence of the Lieutenant Governor, himself a central government appointee, it is less susceptible to pandering to local sentiments when dealing with a situation relating to public order. Therefore, processions to Parliament are stopped at least two kilometers from Parliament House. Whether it is Baba Ramdeo or Anna Hazare, a kisan agitation or labour strife, processions and assemblies are strictly regulated and the authorities do not hesitate to act firmly. Of course the same Delhi Police failed miserably in 1984 to check the anti Sikh riots, but that was an exceptional situation. Of course that is no excuse for what happened and it is unfortunate that even 28 years after the event no civil officer, no police officer, no instigator of the anti-Sikh pogrom has been punished. The Delhi Police has no special competence in crowd control, but its objectives are clearly defined and, therefore, it is an effective instrument for the maintenance of public order in Delhi.

In Bombay, by contrast, the Police are subject to the superintendence of the State Government of Maharasthra. By and large Maharashtra has been ruled by the Congress Party and even today there is a coalition between the Congress and its offshoot, N.C.P. Maharashtra has been subjected to some murky political manoeuvrings and just as Vasant Dada Patil was a creation of S.K. Patil, the Shiv Sena is also a creation of Vasant Rao Naik, who used it to counter the militant trade union leader, Datta Samant. All such noxious creations grow into monsters, as experienced by Indira Gandhi whose government built up Jarnail Singh Bhindrawale as a counter to the Akalis. The Shiv Sena has turned into such a monster because its avowed policy is that it will not hesitate in the use of violence to force its will upon the people of Maharashtra. This has taken the form of violence against restaurant owners from Udupi and Mangalore, harassment of Bihari migrants and exploitation of any communal situation in which Muslims are involved. The handling of Shiv Sena by the Maharashtra Police in Bombay has been so weak-kneed as to be an absolute disgrace and a blot on the face of a Force which once claimed to be the best in India. In the matter of communal riots, inaction by the Police at one end and uncontrolled action at the other have resulted in Bombay being a city which from time to time is torn apart by riots.

Let us take the recent case of August 11th when the Azad Maidan became the venue of extremely ugly rioting by a group of Muslims who had gathered to protest against what was happening in four Bodo Districts of Assam. The gathering had the approval of the Police, but it soon degenerated into a situation in which two people were killed, several policemen injured, vehicles were burnt and weapons were snatched from the Police. This is unfortunate and demoralises the Police. The Police Commissioner of Bombay has been shifted, but only after a very aggressive meeting addressed by the MNS Chief, Raj Thackeray, which held out menace to the Muslims. The Police Commissioner defended himself, but there were certain basic flaws in the manner in which the situation was handled at Azad Maidan on 11th August. He said he desisted from firing because in 1992-93 it had resulted in 188 deaths and it was almost made out as if the deaths had occurred in police firing. In fact had the Police used adequate force at the earliest juncture in 1992-93 the total number of deaths would not have exceeded ten or twelve because the rioting would have been suppressed at an early stage. In the Azad Maidan case certain basic principles of crowd control were ignored by the Police. All Police Manuals prescribe that when faced with a mob armed parties must be organised in a minimum of section strength, to be commanded by a senior officer not below the rank of a Sub Inspector. Under no circumstance should the armed parties be brought into close proximity of the crowd and if the crowd becomes menacing enough to endanger the Force then the armed parties, on appropriate orders from their senior officers duly approved by a Magistrate, must use their fire arms in a controlled manner to disperse the unlawful assembly. In Bombay armed policemen mingled with the crowd and, therefore, could be overwhelmed by it. That is how their weapons were snatched. When an officer of the rank of Additional Director General of Police himself forgets what the Manual prescribes, how can he be forgiven? The senior officers at Azad Maidan, far from controlling the crowd, rendered the jawans vulnerable to mob action and this only proves how incompetent they are. My suggestion to the Maharashtra Government and DGP Maharashtra would be that they very quickly attend to the training and competence of their senior police officers when dealing with a mob. The police action or lack of it on 11th August at Azad Maidan is a prime example of how not to deal with a mob.

The first principle of dealing with a law and order situation is that the officers on the spot have as their first and only priority the very quick restoration of public order. It is possible that people are agitated about an issue with justification and that the issue should be addressed by the appropriate authorities to rectify the situation. That, however, cannot be the determining factor in preventing the officer in charge of a situation to act decisively. If a Muslim mob on an issue relating to injustice against Muslims turns violent, the issue of justice takes a back seat because the mob must be immediately controlled and without inhibition. If a mob dominated by extremist Hindu elements creates public disorder it must be dealt with firmly as a mob and not as a Hindu mob which might have some justification for its agitation. In other words, when the Executive Magistracy and the Police are dealing with a law and order situation they should leave aside moral questions relating to justification of the agitation and instead take all the necessary measures to restore order. It is only after order is restored that wider questions can be addressed. This applies to all situations, including hooliganism by Bajrang Dal on Saint Valentine’s Day.

We need to build in this county an environment in which laws and lawful orders are respected. Instead we are moving more and more towards a state of anarchy in which the strong dominate the weak, mobs rather than the Police rule the streets and the normal life of the people is disrupted from time to time because someone decides to organise a protest or an agitation. Such protests, such agitations, without necessarily promoting their own cause, result in disruption of normal life and must be put down with a heavy hand. People accuse the Police of being an instrument for terrorising of the citizens. My allegation, however, is that we have rendered the Police to a state of impotence, so that it now finds it difficult to maintain public order even under normal circumstances. This is a very dangerous portent.

Wednesday, July 18, 2012

The State of Law and Order


Dr. M.N. Buch
Visiting Fellow, VIF

Recently in Guwahati, the capital of Assam, a seventeen-year old girl accompanied by a male friend was accosted by a mob and for almost half an hour subjected to molestation, including physical assault, sexual molestation, disrobing and worse. There were a number of people on the street, not one of whom intervened. A television crew which filmed the incident did not try to stop the violence. Only four persons out of a mob of over forty have so far been arrested and there is no account of their being roughly handled by the police at the time of arrest. I am not for a minute suggesting that the police should take the law into its own hands, but when people who behave like barbarians are apprehended I am sure they would not come along quietly like lambs to the slaughter and, therefore, the police would be justified in using force when arresting such people. However, I suppose that is reserved for peaceful people indulging in a nonviolent public agitation against some unpopular administrative action. Earlier two persons who went to the rescue of a girl in Mumbai who was being molested by some goondas were murdered. Apparently more than two hundred people were present but no one came to the rescue of the victims.

Increasingly one finds that resort to violence by the strong against the weak is being witnessed throughout India and this is equally true of rural areas as it is of urban areas. This violence takes many forms. For example, attacks on dalits are a frequent feature in States such as Uttar Pradesh and Bihar, with Madhya Pradesh and Maharashtra not lagging far behind. In Narsimhapur District of Madhya Pradesh and Sangrur District of Punjab there is a systematic boycott of scheduled castes by intermediate and upper castes in which there is insistence that the scheduled castes work for the other castes as farm labourers or in traditional occupations such as flaying of dead animals or working as a cobbler at a wage to be dictated by the upper castes. We have on the statute book the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, just as we have the Civil Rights Act, the Indian Penal Code and the Constitution itself which debars any form of discrimination. These laws are meant to protect those who are too weak to help themselves and if the authorities were to use these laws a great deal of the social injustice now meted out to the weak could be prevented and the perpetrators could be punished. In Narsimhapur the district administration has been lethargic and in Sangrur the Deputy Commissioner has said that he has worked out a compromise formula which both parties have accepted. The dalits deny this and state that they were forced by the police to give affidavits to the effect that they now have no complaints. When Parliament enacted the protective laws it mandated enforcement of the laws and did not speak about any questionable compromise. An offence has been committed and it must be investigated and the criminals prosecuted. Why has it not been done?

In Haryana and Western U.P. various communities, but in particular the Jats, hold community council meetings called Khap Panchayats. In one such panchayat the community decided that no females below the age of forty may visit the market to make purchases; women, in particular young girls, may not possess or use a mobile telephone and no love marriages will take place within the community because that pollutes the culture of the community. Many Khap Panchayat has converted themselves into courts, even sentenced to death and executed couples whose marriage the panchayat did not accept and has forced people to go into exile. These are acts of murder, criminal intimidation and worse. The law does not state that if these acts are done by a Khap Panchayat they will be deemed to be legal. The police should have registered cases, vigourously pursued them and brought the criminals to justice. The police response has been extremely weak because government, in conspiracy with the Khap Panchayats, does not want enforcement of laws. Can twenty-first century India live with this situation in which a group of people illegally takes on the mantle of both judge and executioner and then proceeds to give a decision which results in murder? Can we expect such people to have any respect for law?

There is a superb piece of legislation called The Bonded Labour (Abolition) Act which is extremely well drafted, has clear definitions of what constitutes bondage in labour, provides for the freeing of bonded labour and empowers the executive magistracy to summarily try cases of persons holding bonded labour and handing down sentences upto three years of rigorous imprisonment and fine. My own experience was that when Arjun Singh was Chief Minister of Madhya Pradesh in 1984 I was summoned to the cabinet and asked whether in Bilaspur Division I had posted Inspectors for enforcement of the Act. Sixteen young officers had been posted by me and because they had not yet been exposed to the temptation of bribery or the pressure of political intervention these officers were active in their duty. I was told by the Chief Minister that the officers were harassing the cultivators. I pointed to five of his ministers from Bilaspur Division who were present in the cabinet and had been booked for keeping bonded labour. The Chief Minister wanted me to informally instruct the Inspectors to go slow in their work, which was tantamount to saying that they should ignore cases of bonded labour. I refused to do this because both the Chief Minister and I had sworn an oath to uphold the law and, therefore, I could not ask my officers to ignore it. My other argument was that in one case out of ten the officers would follow my instructions and in the other nine cases they would take a bribe to overlook wrongdoing. I was not prepared to accept such a situation. The Chief Minister said that my obstinacy would result in agriculture being adversely affected. I volunteered to prepare a draft letter from the Chief Minister to the Prime Minister giving the view of the State Government that the Act was not in the interest of agriculturists at large and, therefore, it should be repealed. A horrified Arjun Singh told me that this must not be done because after all the Bonded Labour (Abolition) Act was a fine piece of social legislation. On this I really blew my top and told the Chief Minister that he had opened the way for a complete contempt for law in Madhya Pradesh. A person who could keep bonded labour with impunity could then ask the worker to send him his wife for a night of pleasure and if the worker refused he could assault or even kill him knowing that nothing would happen to him. My view is that either we should not have a law on the statute book or, if it is there, then not give any officer at any level the discretion to enforce it or not. Law making is the prerogative of Parliament and the State Legislature, but in its enforcement the Executive must strictly follow the mandate of the Legislature and not discriminate in the matter of implementation. Unfortunately law enforcement is very sketchy in India and this, in turn, has greatly encouraged corruption.

When I joined the Service in 1957 we were told never to pass a prohibitory order under section 144 Cr.P.C unless the situation becomes uncontrollable without such an order. If, however, an order had been given under section 144 Cr.P.C it must be enforced rigidly, with no exception so that people knew that the magistracy meant business. I followed this advice up to the last day of my service. We were also told that when there is an emerging law and order situation Minor Acts must be enforced rigidly so that an environment could be built up in which people realise that violation of law would invite penalty. In January, 1960 I was posted as SDO and SDM, Waraseoni in Balaghat District. That was the time when communal violence on a large scale erupted in Jabalpur in what is known as the Usha Bhargava case. At that time the strength of the police in a normal rural police station was one Sub Inspector, two Head Constables and six Constables and the jurisdiction covered more than a hundred villages. Waraseoni, the sub divisional headquarter was a town of about thirty thousand people and the police station had a strength of one Sub Inspector, one Assistant Sub Inspector, three Head Constables and twenty-four Constables. It also had fifty or sixty villages under its jurisdiction. The senior most police officer was a Circle Inspector, because there was no Sub Divisional Officer, Police and the district itself had, apart from the Superintendent of Police, only one Deputy Superintendent of Police. With such a small Force and a volatile situation I had only a few options available to me. I ordered the CI to post two Constables at the bus stand and let no one from Jabalpur alight in Waraseoni as I did not want trouble makers from that city to enter my sub-division. I commandeered four or five vehicles, ordered their flaps to be lowered and secured and in each one of them I put one armed constable in the driver’s cab. These vehicles were then asked to patrol the town continuously. There were never more than five policemen on such patrol duty but the impression given was that five vehicle loads of policemen were on the prowl. I also told the police to rigidly enforce section 34 of the Indian Police Act whereby every act of nuisance, including public urination, throwing of a banana peel in the street, even spitting led to immediate arrest. The arrested persons were brought to the police station and made to squat there for three or four hours. Towards the end of the day a Magistrate visited the police station, fined each person a couple of rupees and released them. However, throughout the town the word spread that if you as much as spat in public you would be arrested. Imagine what would happen if someone indulged in an act of violence, arson or looting. The administration would come down heavily on such people like a ton of coals. In such an environment people were scared of violating the law and we were able to maintain complete peace in a time of trouble.

Today who enforces the law? Traffic lights are run with impunity; two-wheeler drivers refuse to wear the mandatory helmet, people park at will and do not use a seat belt when driving a motor vehicle. Shopkeepers intrude on public space without fear. The strong dominate the weak. On St. Valentine’s Day goons from the Bajrang Dal go around beating up young couples and vandalising restaurants and shops. Extortion rules the market and criminals with political patronage overawe the police. Let alone the Minor Acts, even the Indian Penal Code is not enforced as a hapless police, emasculated by political intervention, stands by as an onlooker only. The general climate is one of total contempt for law and, therefore, a seventeen-year old female child could be molested in public in Guwahati with no one lifting a finger to save her. It is like being in the court of the Kauravas with no Krishna to help Draupadi when she was being forcefully disrobed. One of the consequences of the increasing contempt for law is organised crime on an unprecedented scale. I absolutely refuse to believe that people such as Dawood Ibrahim could not only prosper but become one of the biggest gang lords in the world without the active connivance of the Maharashtra Police in the city of Mumbai, or the growing disillusionment with law keeping in that city which makes the citizens indifferent to the crimes that they were witnessing daily. How could they not be indifferent when every day they see the lawlessness of the Shiv Sena which tries to violently impose its agenda of narrow mindedness on the basically cosmopolitan city of Mumbai? If the Police could stand by doing nothing when the Shiv Sena was riding high, why should it not stand by as a spectator when Dawood Ibrahim was riding high? In fact Davood Ibrahim was prepared to bribe the police which the Shiv Sena would not do and, therefore, why should the police fight the source of profit? The breakdown of order has resulted in corrupting even such a fine Police Force as that which has been the pride of Mumbai.

The weakness of the State in law enforcement has given birth to widespread insurgency in the North-East, in the Punjab, in Jammu & Kashmir and now in what is called the Red Corridor consisting of about 160 districts which have passed into the control of extreme Left Wing Naxalites. Even today the government’s response is extremely weak partially because it does not have will to restore order, partially because extremists are able to mobilise fringe neo-liberal elements to attack the police and the administration and project that the present government is an oppressor and partially because our elected representatives have turned away from law making and overseeing law enforcement and have become both the agents and the beneficiaries of corruption. In such a situation let us try and understand what is happening to the police. In 1861 through a very fine piece of legislation, the Indian Police Act, the British organised a disciplined, unified, trained Police Force whose job is to maintain order, enforce the law, prevent crime, investigate offences and bring the criminals to justice, to collect intelligence which could help in the maintenance of public order and take measures to ensure that public streets and public places are kept free of obstruction and are available to citizens going about their lawful business. Superintendence over the Force vests in the government but administration of the Force vests in the Inspector General of Police. The law does not permit anyone to interfere with the administration of the police or the performance of its lawful functions. Unfortunately by purely illegal means government has increasingly interfered in the administration of the Force and politicians, criminal elements and others have daily tried to make the police deviate from performing its duty of maintaining order and preventing and detecting crime. Every time the Police fails to act against an infraction of law or it acts in a biased manner under pressure the law is weakened, respect for law decreases and law-abiding citizens are put to risk by the activities of law breakers. Cumulatively it leads to break down of law and order and renders government itself ineffective.

Is the situation lost for ever? On the night of June 25th-26th ,1975, when the Emergency was declared, orders went out to the police to take into custody persons or members of organisations designated in the order. The same Police Force which was considered ineffective, when given clear-cut directives, completed its task in just four hours. The Emergency was a horrible episode in our history but it did prove that if the administration had a clear-cut direction it could enforce order and the people would obey. Surprisingly during the period of Emergency there were very few riots and very few cases of police firing. Criminals and law breakers were afraid of law, a situation which had not prevailed since 1947. What the Emergency proved was not that the Executive Magistracy and the police have become permanently ineffective but rather it is lack of direction which has caused these agencies to deviate. In order to make the law enforcement agencies effective we do not need an Emergency. What we need is a political leadership which is committed to providing good government to India. For this purpose the leadership should be prepared to empower the Police and the Executive Magistracy and to stand by them when they take action. Government must at the same time build up an accountability machinery which ensures that wayward acts of the police are immediately reacted to and public confidence in the good behaviour of the Police is restored without delay. An empowered, accountable Police Force is the best shield against violence and law breaking and, therefore, without going into the merits of what the Supreme Court has said from time to time on Prakash Singh’s writ petition, the Police is permitted to perform its law enforcement functions, is protected against malicious complaints and is brought to account both for non-performance and mal-performance. If that happens and the Police becomes both active and proactive in a people friendly manner, within one year we can restore law and order to this country. That also requires that the citizens begin to respect the law, not only out of fear of punishment but because a society bound by laws benefits all, especially those who are too weak to look after themselves. Government must show a political will to lead the country to an environment in which the law counts.